,,ii  #aaith ,,congress  #b;d ,session  
,s4 #deib  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bj1      
#bjbf,mr4 ,lujn 7for himself and ,mr4   
,markey7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,commerce1 ,science1 and 
,transportation  ,a ,,bill  ,to         
establish the ,foundation for ,digital  
,opportunity1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,digital ,opportunity           
,foundation ,act of #bjbf4  #b4         
,foundation for ,digital ,opportunity   
7a7 ,definitions ,in this section3 7#a7 
,assistant secretary ,the term          
,assistant ,secretary means the         
,assistant ,secretary of ,commerce for  
,communications and ,information4  7#b7 
,board ,the term ,board means the ,board
 of ,directors described in subsection  
7d77#a74  7#c7 ,business incubator ,the 
term business incubator has the meaning 
given the term in section #c of the     
,native ,american ,business ,incubators 

,program ,act 7#be ,u4,s4,c4 #ehjb74    
7#d7 ,commission ,the term ,commission  
means the ,federal ,communications      
,commission4  7#e7 ,committee ,the term 
,committee means the ,committee for the 
,establishment of the ,foundation for   
,digital ,opportunity established under 
subsection 7b74  7#f7 ,community anchor 
institution2 covered populations ,the   
terms community anchor institution and  
covered populations have the meanings   
given those terms in section #fjcjb of  
the ,digital ,equity ,act of #bjba 7#dg 
,u4,s4,c4 #agba74  7#g7 ,department ,the
 term ,department means the ,department 
of ,commerce4  7#h7 ,digital inclusion  
,the term digital inclusion-- 7,a7 means
 the activities that are necessary to   
ensure that all individuals in the      
,united ,states have access to1 and the 
use of1 affordable information and      
communication technologies1 such as--   
7i7 reliable fixed and wireless         
broadband2  7ii7 internet-enabled and   
artificial intelligence-enabled devices 

that meet the needs of the user for     
telehealth1 remote work1 remote         
schooling1 or other purposes2 and  7iii7
 digital applications and online content
 designed to enable and encourage       
self-sufficiency1 participation1 and    
collaboration2 and  7,b7 includes-- 7i7 
obtaining access to digital literacy    
training1 including training relating to
 artificial intelligence literacy2  7ii7
 the provision of quality technical     
support2 and  7iii7 obtaining basic     
awareness of measures to ensure online  
privacy and cybersecurity4  7#i7        
,digital literacy ,the term digital     
literacy-- 7,a7 means the skills        
associated with using technology to     
enable a user to securely find1         
evaluate1 organize1 create1 and         
communicate information2 and  7,b7      
includes obtaining a basic awareness of1
 and the ability to use-- 7i7           
technologies that are driven by         
artificial intelligence2 and  7ii7      
measures to protect digital privacy and 

ensure cybersecurity4  7#aj7 ,executive 
director ,the term ,executive ,director 
means the ,executive ,director of the   
,foundation described in subsection     
7f77#a74  7#aa7 ,foundation ,the term   
,foundation means the ,foundation for   
,digital ,opportunity established under 
this section4  7#ab7 ,institution of    
higher education ,the term institution  
of higher education means-- 7,a7 an     
institution of higher education1 as that
 term is defined in section #aja of the 
,higher ,education ,act of #aife 7#bj   
,u4,s4,c4 #ajja72 or  7,b7 a            
postsecondary vocational institution1 as
 that term is defined in section        
#ajb7;c7 of the ,higher ,education ,act 
of #aife 7#bj ,u4,s4,c4 #ajjb7;c774     
7#ac7 ,minority-serving institution ,the
 term ,minority-serving institution     
means an institution described in any of
 paragraphs 7#a7 through 7#g7 of section
 #cga7;a7 of the ,higher ,education ,act
 of #aife 7#bj ,u4,s4,c4 #ajfgq7a774    
7#ad7 ,,ntia ,the term ,,ntia means the 

,national ,telecommunications and       
,information ,administration4  7#ae7    
,older individual ,the term older       
individual has the meaning given the    
term in section #ajb of the ,older      
,americans ,act of #aife 7#db ,u4,s4,c4 
#cjjb74  7#af7 ,secretary ,the term     
,secretary means the ,secretary of      
,commerce4  7#ag7 ,small business       
investment company ,the term small      
business investment company has the     
meaning given the term in section #ajc  
of the ,small ,business ,investment ,act
 of #aieh 7#ae ,u4,s4,c4 #ffb74  7#ah7  
,startup ,the term startup has the      
meaning given the term start-up business
 in section #cfb7;f77#e77;,c7 of the    
,energy ,policy and ,conservation ,act  
7#db ,u4,s4,c4 #fcbb7;f77#e77;,c774     
7#ai7 ,tribal ,broadband ,connectivity  
,program ,the term ,tribal ,broadband   
,connectivity ,program means the program
 implemented pursuant to section        
#ije7;c7 of division ,n of the          
,consolidated ,appropriations ,act1     

#bjba 7#dg ,u4,s4,c4 #acje note74  7b7  
,committee for the ,establishment of the
 ,foundation for ,digital ,opportunity  
7#a7 ,in general ,not later than #ij    
days after the date of enactment of this
 ,act1 the ,secretary shall establish   
the ,committee for the ,establishment of
 the ,foundation for ,digital           
,opportunity4  7#b7 ,members ,the       
,committee shall be composed of #e      
members-- 7,a7 who shall be appointed by
 the officials described in subsection  
7d77#b77;,b77i72  7,b7 who may not be   
employed by the ,federal ,government    
while serving on the ,committee2  7,c7  
each of whom shall be a voting member of
 the ,committee2  7,d7 not fewer than #c
 of whom shall have broad and general   
experience in matters relating to       
digital inclusion or digital literacy2  
and  7,e7 not less than #b of whom shall
 have broad and general experience in   
working with private nonprofit          
organizations4  7#c7 ,functions ,the    
functions of the ,committee shall be as 

follows3 7,a7 ,to carry out such        
activities as may be necessary to       
establish a nonprofit corporation to be 
known as the ,foundation for ,digital   
,opportunity1 and to incorporate the    
,foundation under the laws of a ,state1 
including by-- 7i7 serving as the       
incorporators for the ,foundation2 and  
7ii7 ensuring that the articles of      
incorporation for the ,foundation       
require that the ,foundation is operated
 in accordance with the requirements of 
this section4  7,b7 ,to ensure that the 
,foundation qualifies for and 7during   
the period in which the ,committee is in
 existence7 maintains the status        
described in subsection 7c77#c74  7,c7  
,to provide for the initial operation of
 the ,foundation1 including by ensuring 
that the ,foundation has adequate       
facilities1 equipment1 and staff4  7,d7 
,to appoint initial voting members of   
the ,board who satisfy the requirements 
under subsection 7d77#b77;,c7 and have  
such other qualifications as the        

,committee determines appropriate with  
respect to those members4  7#d7 ,chair  
,the ,committee shall1 from among the   
members of the ,committee1 designate a  
member of the ,committee to serve as    
,chair of the ,committee4  7#e7 ,term   
7,a7 ,in general ,each member of the    
,committee shall serve for the duration 
of the ,committee4  7,b7 ,vacancies  7i7
 ,no effect on authority ,a vacancy in  
the membership of the ,committee shall  
not affect the authority of the         
,committee to carry out the functions of
 the ,committee4  7ii7 ,replacement ,if 
a member of the ,committee does not     
serve for the duration of the           
,committee1 the individual appointed to 
fill that vacancy shall be appointed by 
the ex officio members of the ,board for
 the remainder of the applicable term4  
7#f7 ,compensation ,a member of the     
,committee-- 7,a7 shall not receive     
compensation for service on the         
,committee2 and  7,b7 may be reimbursed 
for travel1 subsistence1 and other      

necessary expenses incurred in carrying 
out the functions of the ,committee4    
7#g7 ,termination ,the ,committee       
shall-- 7,a7 complete the functions of  
the committee described in paragraph    
7#c7 not later than #ahj days after the 
date on which the ,secretary establishes
 the ,committee under paragraph 7#a72   
and  7,b7 terminate on the date that is 
#cj days after the date on which the    
,secretary determines that the          
,committee has completed the functions  
described in paragraph 7#c74  7c7       
,general principles of the ,foundation  
7#a7 ,mission ,the mission of the       
,foundation shall be-- 7,a7 to          
supplement1 but not supplant1 the work  
of the ,,ntia and the ,commission in    
promoting the benefits of technological 
development in the ,united ,states1 and 
of high-capacity1 affordable broadband  
connectivity in particular1 for all     
users of telecommunications and         
information facilities2  7,b7 to raise1 
leverage1 or match funding from other   

entities1 including philanthropic       
organizations1 the private sector1 and  
,state and local governments1 to promote
 digital opportunity and digital        
literacy for communities with low rates 
of adoption of broadband and other      
digital technologies2  7,c7 to develop  
programs and partnerships to-- 7i7      
increase the rates at which covered     
populations adopt broadband and other   
digital technologies2  7ii7 to promote  
digital literacy among covered          
populations1 upskill1 alleviate skills  
gaps1 and prepare for emerging          
technologies1 such as artificial        
intelligence2  7iii7 collaborate with   
,state1 local1 and ,tribal governments1 
,minority-serving institutions1 other   
anchor institutions1 and stakeholders in
 the communications1 education1         
business1 technology1 and health fields2
  7iv7 publicize and incentivize the    
adoption of evidence-based programs2    
7v7 convene organizations and           
partnerships with related goals and     

interests to establish problem-solving  
processes2  7vi7 strengthen and share   
case studies and best practices relating
 to the impact of digital opportunity on
 economic development1 including with   
respect to workforce readiness and      
development1 business retention1 and    
entrepreneurship2 and  7vii7 support the
 goals of-- 7,i7 the ,tribal ,broadband 
,connectivity ,program2  7,,ii7 the     
,broadband ,equity1 ,access1 and        
,deployment ,program2  7,,iii7 the      
,universal ,service ,fund under section 
#bed of the ,communications ,act of     
#aicd 7#dg ,u4,s4,c4 #bed72 and  7,,iv7 
any other federally funded program that 
supports the deployment and adoption of 
broadband2 and  7,d7 to promote         
equitable access to1 and the adoption   
of1 digital technologies that support   
accessibility1 telehealth1 distance     
learning1 online access to governmental 
benefits and services1 and economic     
opportunities4  7#b7 ,limitation ,the   
,foundation shall not be an agency or   

instrumentality of the ,federal         
,government or any ,state or local      
government4  7#c7 ,tax-exempt status    
,the ,board shall take all necessary and
 appropriate steps to ensure that the   
,foundation is an organization that is  
described in section #eja7;c7 of the    
,internal ,revenue ,code of #aihf and   
exempt from taxation under section      
#eja7;a7 of that ,code4  7d7 ,board of  
directors  7#a7 ,establishment ,the     
,foundation shall be governed by a      
,board of ,directors4  7#b7 ,composition
  7,a7 ,in general ,the ,board shall be 
composed of the ex officio members      
described in subparagraph 7,b7 and the  
appointed voting members described in   
subparagraph 7,c74  7,b7 ,ex officio    
members  7i7 ,members ,the ex officio   
members of the ,board shall be the      
following individuals 7or designees of  
those individuals73 7,i7 ,the           
,secretary4  7,,ii7 ,the ,assistant     
,secretary4  7,,iii7 ,the ,chairman of  
the ,commission4  7,,iv7 ,the ,secretary

 of the ,treasury4  7,v7 ,the ,under    
,secretary of ,agriculture for ,rural   
,development4  7,,vi7 ,the ,director of 
the ,institute of ,museum and ,library  
,services4  7ii7 ,nonvoting members ,the
 ex officio members of the ,board shall 
be nonvoting members of the ,board4     
7,c7 ,appointed members  7i7 ,in general
 ,the ,board shall consist of not fewer 
than #ae members from the sectors listed
 in clause 7ii74  7ii7 ,representation  
,the appointed members of the ,board    
shall reflect a broad cross-section of  
stakeholders and shall include not fewer
 than #b members from each of the       
following3 7,i7 ,academia4  7,,ii7      
,industry4  7,,iii7 ,nonprofit and civil
 rights organizations4  7,,iv7          
,community-based practitioners of       
efforts to promote digital inclusion4   
7,v7 ,state1 local1 and ,tribal         
governments4  7,,vi7 ,community anchor  
institutions4  7,,vii7 ,the             
philanthropic community4  7iii7         
,experience ,each appointed member of   

the ,board shall-- 7,i7 have-- 7aa7     
experience promoting digital opportunity
 and digital literacy2  7bb7 experience 
in the technology sector2  7cc7         
experience in the telecommunications and
 broadband sector2  7dd7 direct         
experience working with covered         
populations2 or  7ee7 research          
experience in foundation operations2 and
  7,,ii7 to the extent practicable1     
represent diverse regions1 sectors1 and 
the communities corresponding to the    
covered populations that are the focus  
of the activities of the ,foundation4   
7#c7 ,chair and vice chair  7,a7 ,in    
general ,the ,board shall designate1    
from among the appointed members of the 
,board-- 7i7 an individual to serve as  
,chair of the ,board2 and  7ii7 an      
individual to serve as ,vice ,chair of  
the ,board4  7,b7 ,terms ,the term of   
service of the ,chair and ,vice ,chair  
of the ,board shall end on the earlier  
of-- 7i7 the date that is #c years after
 the date on which the ,chair or ,vice  

,chair of the ,board1 as applicable1 is 
designated for the position2 and  7ii7  
the last day of the term of service of  
the member1 as determined under         
paragraph 7#d77;,a71 who is designated  
to be ,chair or ,vice ,chair of the     
,board1 as applicable4  7,c7            
,representation ,the ,chair and ,vice   
,chair of the ,board-- 7i7 shall not be 
representatives of the same area of     
subject matter expertise1 or entity1 as 
applicable1 under paragraph             
7#b77;,c77ii72 and  7ii7 shall not be   
representatives of any area of subject  
matter expertise1 or entity1 as         
applicable1 represented by the          
immediately preceding ,chair and ,vice  
,chair of the ,board4  7#d7 ,terms and  
vacancies  7,a7 ,terms  7i7 ,in general 
,the term of service of each appointed  
member of the ,board shall be not more  
than #e years4  7ii7 ,initial appointed 
members ,of the initial members of the  
,board appointed under subsection       
7b77#c77;,d71 #a_/b of the members shall

 serve for #d years and #a_/b of the    
members shall serve for #e years1 as    
determined by the ,chair of the ,board4 
7iii7 ,limitation ,a member may serve   
not more than #b sequential terms4  7,b7
 ,vacancies ,any vacancy in the         
membership of the appointed members of  
the ,board-- 7i7 shall be filled by a   
majority vote of the appointed members  
of the ,board in accordance with the    
bylaws of the ,foundation2  7ii7 shall  
not affect the power of the remaining   
appointed members to execute the duties 
of the ,board2 and  7iii7 shall be      
filled by an individual selected by the 
,board4  7#e7 ,meetings2 quorum  7,a7   
,initial meeting ,not later than #fj    
days after the date on which all of the 
members of the ,board have been         
appointed1 the ,secretary shall convene 
a meeting of the ex officio and         
appointed members of the ,board to      
establish the bylaws of the ,foundation 
in accordance with paragraph 7#g74  7,b7
 ,quorum ,a majority of the appointed   

members of the ,board shall constitute a
 quorum for purposes of conducting the  
business of the ,board4  7#f7 ,duties   
,the ,board shall-- 7,a7 advise the     
,executive ,director on the overall     
direction for the activities of the     
,foundation and establish priority      
activities2  7,b7 advise the ,executive 
,director such that the ,executive      
,director may carry out any other       
necessary activities of the ,foundation2
  7,c7 evaluate the performance of the  
,executive ,director2 and  7,d7 actively
 solicit and accept funds1 gifts1       
grants1 devises1 or bequests of real or 
personal property to the ,foundation1   
including from private entities4  7#g7  
,bylaws  7,a7 ,in general ,the bylaws   
established under paragraph 7#e77;,a7   
may include-- 7i7 policies for the      
selection of ,board members and         
officers1 employees1 agents1 and        
contractors of the ,foundation2  7ii7   
policies1 including ethical standards1  
for-- 7,i7 the acceptance1 solicitation1

 and disposition of donations and grants
 to the ,foundation1 including          
appropriate limits on the ability of    
donors to designate1 by stipulation or  
restriction1 the use or recipient of    
donated funds2 and  7,,ii7 the          
disposition of assets of the            
,foundation2  7iii7 policies that       
subject all employees1 fellows1         
trainees1 contractors1 consultants1 and 
other agents of the ,foundation         
7including ex officio and appointed     
members of the ,board7 to conflict of   
interest standards2 and  7iv7 the       
specific duties of the ,executive       
,director4  7,b7 ,requirements ,the     
,board shall ensure that the bylaws of  
the ,foundation and the activities      
carried out under those bylaws shall    
not-- 7i7 reflect unfavorably on the    
ability of the ,foundation to carry out 
activities in a fair and objective      
manner2 or  7ii7 compromise1 or appear  
to compromise1 the integrity of any     
,federal agency or program1 or any      

officer or employee employed by1 or     
involved in1 such an agency or program4 
7,c7 ,amendments to bylaws ,the         
,assistant ,secretary1 by rule in       
accordance with section #eec of title   
#e1 ,united ,states ,code1 may abrogate1
 add to1 or modify the bylaws of the    
,foundation in a manner that the        
,assistant ,secretary determines        
necessary or appropriate to-- 7i7 ensure
 the fair administration of the         
,foundation2  7ii7 conform those bylaws 
to other applicable rules issued by the 
,assistant ,secretary2 or  7iii7        
otherwise further the purposes of this  
section4  7#h7 ,compensation  7,a7 ,in  
general ,no member of the ,board shall  
receive compensation for serving as a   
member of the ,board4  7,b7             
,reimbursement of certain expenses ,in  
accordance with the bylaws of the       
,foundation1 members of the ,board may  
be reimbursed for travel expenses1      
including per diem in lieu of           
subsistence1 and other necessary        

expenses incurred in carrying out the   
duties of the ,board4  7e7 ,activities  
7#a7 ,studies1 competitions1 and        
projects ,the ,foundation may conduct   
and support studies1 competitions1      
projects1 and other activities that     
further the mission of the ,foundation  
described in subsection 7c77#a74  7#b7  
,grants  7,a7 ,in general ,the          
,foundation may award grants for        
activities relating to information      
technology capacity and digital literacy
 and digital adoption in local          
communities4  7,b7 ,selection ,in       
selecting a recipient for a grant       
awarded under subparagraph 7,a71 the    
,foundation-- 7i7 shall make the        
selection based on the comparative      
merits of-- 7,i7 the proposed project of
 the potential recipient2  7,,ii7 the   
impact of the project described in      
subclause 7,i7 on promoting digital     
literacy and digital inclusion in local 
communities2 and  7,,iii7 the alignment 
of the project described in subclause   

7,i7 with-- 7aa7 the overall goals of   
the ,foundation relating to diversity on
 the basis of geography2  7bb7 the type 
of need addressed by the project2  7cc7 
the relative cost-effectiveness of the  
proposed activities or methodology of   
the project2 and  7dd7 other factors    
specified in the strategic plan and     
grant guidelines of the ,foundation2 and
  7ii7 may consult with a potential     
recipient regarding the ability of the  
potential recipient to carry out various
 projects that would further the mission
 of the ,foundation described in        
subsection 7c77#a74  7#c7 ,accessing    
facilities and expertise ,the           
,foundation may work with the ,secretary
 and the ,commission-- 7,a7 to leverage 
the capabilities and facilities of the  
,department and the ,commission2 and    
7,b7 to assist with resources1 including
 by providing information on assets of  
the ,department and the ,commission that
 may enable the promotion of digital    
equity1 digital inclusion1 or digital   

literacy4  7#d7 ,training and education 
,the ,foundation may support programs   
that provide training to researchers1   
scientists1 and other relevant personnel
 at the ,department1 the ,commission1   
and institutions of higher education to 
help promote full digital participation 
in the society and economy of the       
,united ,states4  7#e7 ,stakeholder     
engagement ,the ,foundation shall       
annually convene and consult with       
representatives from the ,department1   
the ,commission1 digital inclusion      
practitioners1 institutions of higher   
education1 the private sector1 rural    
focused practitioners1 members of       
,indigenous communities1 civil rights   
advocates1 consumer advocates1          
libraries1 school systems or education  
technology specialists1 accessibility   
advocates or experts1 retired or older  
individuals1 public interest            
stakeholders1 and other relevant groups 
with experience addressing the access1  
adoption1 and affordability of the      

broadband services to develop programs  
for the mission of the ,foundation      
described in subsection 7c77#a7 and to  
advance the activities of the           
,foundation4  7#f7 ,for-profit          
subsidiaries  7,a7 ,in general ,the     
,foundation may establish #a or more    
for-profit subsidiaries1 including an   
impact investment fund-- 7i7 to         
stimulate economic development          
activities relating to the mission of   
the ,foundation described in subsection 
7c77#a72 and  7ii7 to attract for-profit
 investment partners for digital        
inclusion and digital literacy          
activities4  7,b7 ,authorities of the   
for-profit subsidiary ,a for-profit     
subsidiary established under            
subparagraph 7,a7 may-- 7i7 enter into a
 partnership with an economic           
development corporation1 including a    
business incubator or a small business  
investment company2  7ii7 pay for the   
cost of building and administering a    
facility1 including a business          

incubator1 to support the activities of 
the ,foundation described in this       
subsection2 and  7iii7 provide funding  
to a startup4  7#g7 ,supplemental       
programs ,the ,foundation may carry out 
supplemental programs-- 7,a7 to conduct 
and support forums1 meetings1           
conferences1 courses1 and training      
workshops consistent with the mission of
 the ,foundation described in subsection
 7c77#a72  7,b7 to support and encourage
 the understanding and development of-- 
7i7 data collection that provides       
clarity with respect to inequities1     
digital skill levels1 and community     
needs in order to promote digital       
equity1 digital inclusion1 and digital  
literacy2 and  7ii7 policies that make  
regulation more effective and efficient 
by leveraging the data collection       
efforts described in clause 7i7 for the 
regulation of relevant technology       
sectors2  7,c7 for writing1 editing1    
printing1 publishing1 and selling books 
and other materials relating to efforts 

carried out by the ,foundation1 the     
,department1 or the ,commission2 and    
7,d7 to conduct other activities to     
carry out and support the mission of the
 ,foundation described in subsection    
7c77#a74  7#h7 ,evaluations ,the        
,foundation shall support the           
development of an evaluation            
methodology1 to be used as part of any  
project or program supported by the     
,foundation1 that shall-- 7,a7 consist  
of qualitative and quantitative metrics2
  7,b7 include periodic third party     
evaluation of the programs and other    
activities of the ,foundation2 and  7,c7
 be made publicly available4  7#i7      
,communications ,the ,foundation shall  
develop an expertise in communications  
to-- 7,a7 disseminate awareness of      
funding opportunities among             
community-based organizations that serve
 covered populations2  7,b7 promote the 
work of grant recipients under paragraph
 7#b71 the successes of the ,foundation1
 opportunities for partnership with the 

,foundation1 and other activities2 and  
7,c7 leverage public awareness campaigns
 or other efforts by the ,department or 
the ,commission relating to the         
activities or opportunities promoted by 
the ,foundation4  7#aj7 ,tribal         
,broadband ,connectivity ,grants ,the   
,foundation may support a grant made    
under the ,tribal ,broadband            
,connectivity ,program if there are not 
adequate appropriations to support such 
a grant4  7f7 ,administration  7#a7     
,executive director ,the ,board shall   
appoint an ,executive ,director of the  
,foundation1 who shall serve at the     
pleasure of the ,board4  7#b7           
,administrative control ,no member of   
the ,board1 any officer or employee of  
the ,foundation1 any officer or employee
 of any program established by the      
,foundation1 or any participant in a    
program established by the ,foundation  
may exercise administrative control over
 any ,federal employee4  7#c7 ,strategic
 plan ,not later than #a year after the 

date of enactment of this ,act1 the     
,foundation shall submit to the         
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate and the  
,committee on ,energy and ,commerce of  
the ,house of ,representatives a        
strategic plan that contains-- 7,a7 a   
description of the initial focus areas  
of1 and primary purposes for1 each      
program1 grant1 or award opportunity    
that the ,foundation plans to implement 
during the #b-year period beginning on  
the date on which the strategic plan is 
submitted2  7,b7 a description of the   
efforts that the ,foundation will take  
to be transparent in the processes of   
the ,foundation1 including processes    
relating to-- 7i7 grant awards1         
including selection1 review1 and        
notification with respect to those      
awards2 and  7ii7 communication of past1
 current1 and future priorities2  7,c7 a
 description of the financial goals and 
benchmarks of the ,foundation for the   
#aj-year period beginning on the date on

 which the report is submitted2 and     
7,d7 a description of the efforts       
undertaken by the ,foundation to ensure 
maximum complementarity and minimum     
redundancy with investments made by the 
,secretary and the ,commission4  7#d7   
,recurring report ,not later than #a    
year after the date on which the        
,foundation is established1 and once    
every #b years thereafter1 the          
,foundation shall make publicly         
available1 and shall submit to the      
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate1 the     
,committee on ,commerce and ,energy of  
the ,house of ,representatives1 and the 
,secretary1 a report that1 for the      
period covered by the report-- 7,a7     
describes the activities of the         
,foundation and the progress of the     
,foundation in furthering the mission of
 the ,foundation described in subsection
 7c77#a72  7,b7 provides a specific     
accounting of the source and use of all 
funds made available to the ,foundation 

to carry out the activities described in
 subparagraph 7,a7 to ensure            
transparency in the alignment of the    
missions of the ,department and the     
,commission2 and  7,c7 includes a       
summary of each evaluation regarding the
 decision to award a grant1 as          
determined in accordance with the       
requirements of subsection 7e77#b77;,b74
  7#e7 ,evaluation by comptroller       
general ,not later than #e years after  
the date on which the ,foundation is    
established1 and once every #e years    
thereafter1 the ,comptroller ,general of
 the ,united ,states shall submit to the
 ,committee on ,commerce1 ,science1 and 
,transportation of the ,senate and the  
,committee on ,energy and ,commerce of  
the ,house of ,representatives-- 7,a7 an
 evaluation of-- 7i7 the extent to which
 the ,foundation is achieving the       
mission of the ,foundation2 and  7ii7   
the operation of the ,foundation2 and   
7,b7 any recommendations regarding how  
the ,foundation may be improved4  7#f7  

,audits ,the ,foundation shall-- 7,a7   
provide for annual audits of the        
condition of the ,foundation2 and  7,b7 
make the audits1 and all other records1 
documents1 and papers of the            
,foundation1 available to the ,secretary
 and the ,comptroller ,general of the   
,united ,states for examination or      
audit4  7#g7 ,integrity  7,a7 ,in       
general ,to ensure integrity in the     
operations of the ,foundation1 the      
,board shall develop and enforce        
procedures relating to standards of     
conduct1 financial disclosure           
statements1 conflicts of interest       
7including recusal and waiver rules71   
audits1 and any other matters determined
 appropriate by the ,board4  7,b7       
,financial conflicts of interest ,an    
individual who is an officer1 employee1 
or member of the ,board may not         
participate in deliberations by the     
,foundation regarding a matter that     
would directly or predictably affect any
 financial interest of-- 7i7 the        

individual2  7ii7 a relative 7as defined
 in section #acaja of title #e1 ,united 
,states ,code7 of that individual2 or   
7iii7 a business organization or other  
entity in which the individual has an   
interest1 including an organization or  
other entity with which the individual  
is negotiating employment4  7#h7        
,intellectual property ,the ,board shall
 adopt written standards to govern the  
ownership and licensing of any          
intellectual property rights-- 7,a7     
developed by the ,foundation through    
activities funded by a for-profit       
subsidiary established under subsection 
7e77#f72 or  7,b7 otherwise derived from
 the collaborative efforts of the       
,foundation4  7#i7 ,liability  7,a7 ,in 
general ,the ,united ,states shall not  
be liable for any debt1 default1 act1 or
 omission of-- 7i7 the ,foundation2 or  
7ii7 a ,federal entity with respect to  
an agreement of that ,federal entity    
with the ,foundation4  7,b7 ,full faith 
and credit ,the full faith and credit of

 the ,united ,states shall not extend to
 any obligations of the ,foundation4    
7#aj7 ,nonapplicability of provisions   
relating to ,federal advisory committees
 ,chapter #aj of title #e1 ,united      
,states ,code1 shall not apply to the   
,foundation4  7g7 ,support services ,the
 ,secretary shall provide facilities1   
utilities1 and support services to the  
,foundation if the ,secretary determines
 that the provision of those items is   
advantageous to the programs of the     
,department4  7h7 ,anti-,deficiency act 
,section #acda7;a77#a7 of title #ca1    
,united ,states ,code 7commonly referred
 to as the ,anti-,deficiency ,act71     
shall not apply to any ,federal officer 
or employee carrying out any activity of
 the ,foundation using funds of the     
,foundation4  7i7 ,no preemption of     
authority ,this section shall not       
preempt any authority or responsibility 
of the ,secretary under any other       
provision of law4  7j7 ,transfer funds  
,the ,foundation may transfer funds to  

the ,department1 which shall be subject 
to all applicable ,federal limitations  
relating to federally funded research4  
7k7 ,authorization of appropriations    
,there are authorized to be appropriated
 such sums as may be necessary-- 7#a7 to
 the ,secretary for fiscal year #bjbg to
 establish the ,committee2  7#b7 to the 
,foundation for fiscal year #bjbh to    
carry out the activities of the         
,foundation2 and  7#c7 to the           
,foundation for fiscal year #bjbi1 and  
each fiscal year thereafter1 for        
administrative and operational costs4